KIRIBATI - coastfish.spc.intcoastfish.spc.int/Countries/Kiribati/kiribati.leg.ffa.pdf · KIRIBATI Kiribati consists of 32 coral atolls in three main groups and one isolated phosphate

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KIRIBATIKiribati consists of 32 coral atolls in three main groups and one isolated phosphate island (Banaba),spread over more than 5,000,000 sq km of the Central Pacific Ocean and straddling both the Equatorand the international date line. The island groups are the sixteen Gilbert Islands, from Makin toArorae, eight Phoenix Islands and eight of the eleven Line Islands. The total land area of Kiribati is600 sq km. Banaba, the Gilbert Islands and three of the Line Islands - Kiritimati (Christmas Island),Teraina (Washington) and Tabueran (Fanning Island) are populated. The remainder of the islandshave no permanent population. The estimated total population in 1995 was 79,386.

The Gilbert and. Ellice Islands were proclaimed a British Protectorate in 1892 and annexed as theGilbert and Ellice Islands Colony with effect from 12 January 1916. In 1975 the Ellice Islands severedits constitutional links with the Gilbert Islands, first as the Colony of Tuvalu and later as Tuvalu. TheGilbert Islands Colony achieved internal self-government in 1976 and full independence as theRepublic of Kiribati on 12 July 1979.

Under the Constitution of 1979 the Beretitenti (President) is both Head of State and head of theexecutive. He is elected for a four year term by popular vote from among the members of theParliament. The Parliament of Kiribati is a unicameral legislature of 35 members elected from 20constituencies and the Attorney-General, who is appointed by the Beretitenti. The Beretitenti selectsthe members of Cabinet.

The legal system of Kiribati derives from the Constitution of 1979 and Acts of Parliament, theordinances of the Gilbert and Ellice Islands Colony and the ordinances of the Gilbert Islands Colonymade prior to 1979, the statutes of general application in force in England on 1 January 1961 and thesubstance of the English common law and doctrines of equity subject to the circumstances of Kiribatiand its people and Kiribati custom as applied in the courts.

Limits of National Jurisdiction

The Marine Zones (Declaration) Act 1983 defines and establishes a twelve mile territorial sea and a200 nautical mile exclusive economic zone. The total area of the exclusive economic zone is 3.6million sq km. Within the exclusive economic zone the Republic of Kiribati has sovereign rights forthe purpose of exploring and exploiting, conserving and managing the natural resources, whetherliving or non-living, of the seabed and the subsoil under the seabed, and the waters over the seabed.The Act also empowers the responsible Minister, in accordance with international law, to declarearchipelagic baselines. To date, no declaration of archipelagic baselines has been made.

Kiribati has maritime boundaries with Nauru, Marshall Islands, the USA in respect of Jarvis Island,Kingman Reef, Palmyra Atoll and Howland and Baker Islands, New Zealand in respect of Tokelau,Tuvalu, France in respect of French Polynesia and Cook Islands. No maritime boundary agreementshave been negotiated.

Fisheries Legislation

The basic fisheries law is the Fisheries Act (Cap.33). Under the Act, the Minister may take suchmeasures as he may see fit to promote the development of fisheries and fishing in Kiribati to ensurethat the fisheries resources of Kiribati are exploited to the full for the benefit of Kiribati. The Ministeris empowered to appoint a Chief Fisheries Officer and licensing officers for the purposes of carryingout the provisions of the Act. The Act confers upon the Beretitenti, acting in accordance with theadvice of the Cabinet, wide powers to make regulations relating, inter alia, to the licensing of foreignfishing vessels, the conditions to be observed by foreign fishing vessels, the conservation and

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protection of all species of fish, prohibited fishing gear and methods and the organisation andregulation of marketing, distribution and export from Kiribati of fish and fish products.

The Fisheries Act creates a regulatory framework for the operation of fish processing establishmentsand the Fisheries (Processing and Export) Regulations 1981 prohibit the export of fish or fish productswithout a certificate of quality issued by a licensing officer.

Fisheries of all kinds are of vital significance to Kiribati and traditional fishing rights play animportant role in Kiribati society. The Fisheries Act contains a provision to protect such rights byprohibiting the taking of fish in any sea or lagoon area or on any reef forming part of the ancientcustomary fishing ground of any kainga or utu or other division or subdivision of the people except bymembers of the kainga or utu or under a licence granted by the Minister in his discretion. The NativeLands Code also recognises various forms of customary tenure over fish traps, reefs and fish pondsand there are less formal controls exerted on many of the outer islands by island councils. Thesecontrols may include, for example, restrictions on gear types (banning of monfilament gill nets on oneisland), and prohibitions of fishing for certain species.

Licensing Requirements

A licence is required for all local fishing vessels. Local fishing vessels are defined in the Fisheries Actas vessels wholly owned by persons resident and domiciled in Kiribati or owned by a company orfisheries cooperative registered or incorporated in Kiribati, provided that sailing boats, paddlingcanoes and boats, punts and barges under seven metres in length are not regarded as fishing vessels forthe purposes of the Fisheries Act and are thereby excluded from regulation.

Permits authorising fishing by foreign fishing vessels may be granted by the Chief Fisheries Officerwith the approval of the Minister. Foreign fishing permits are subject to such conditions as may beprescribed and to such conditions as may be endorsed on the permit by the Chief Fisheries Officer. Todate, no regulations have been made prescribing the general conditions applicable to foreign fishingpermits. Fees and royalties for foreign fishing are fixed by the Chief Fisheries Officer with theapproval of the Minister.

The penalties for illegal foreign fishing are a fine of A$250,000 for fishing in the exclusive economiczone without a valid permit and, for contravention of a permit, a fine of A$50,000.

The Fisheries (Pacific Island Parties’ Treaty with United States of America) Act 1988 implements, onthe part of Kiribati, the Treaty on Fisheries Between the Governments of Certain Pacific Island Statesand the Government of the United States of America. Under the Act, the treaty is accorded the statusof law in Kiribati. A consequence of this is that, in respect of fishing vessels to which the treatyapplies (i.e. all fishing vessels of the United States) the penalty in Kiribati for contravention of thetreaty or the breach of an applicable national law is a fine of A$250,000.

Conservation and Management

The Fisheries Act prohibits the use of explosives, poisons and noxious substances for the purpose ofcatching fish and it is an offence to possess explosives, poisons or other noxious substances incircumstances giving rise to a reasonable suspicion that the substance is intended to be used forfishing. The penalty for breach of this prohibition is a fine of $1,000 or imprisonment for five years.There is little formal regulation of inshore fisheries in Kiribati though, as noted above, traditionalfishing rights, which often include traditionally enforced conservation measures, play an importantrole in Kiribati. Fishing is prohibited in certain areas of Kiritimati and the Fisheries Conservation andProtection (Rock Lobsters - Panulirus Species) Regulations 1979 introduced minimum size limitsthroughout Kiribati in respect of rock lobsters (Panulirus spp.).

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Under the Wildlife Protection Act (Cap. 100) (not reproduced in this compendium) it is an offence tohunt, kill or capture wild turtles on land and the green turtle (chelonia mydas) is fully protectedthroughout the Line and Phoenix Islands.

Regional and International Agreements relating to Fisheries

Kiribati is a member of the South Pacific Forum and is an ACP state of the European Community.Kiribati is also a member of the Forum Fisheries Agency and the South Pacific Commission. Kiribatihas not signed or acceded to the United Nations Convention on the Law of the Sea. It is a party to theTreaty on Fisheries Between the Governments of Certain Pacific Island States and the Government ofthe United States of America and the Nauru Agreement Concerning Cooperation in the Management.of Fisheries of Common Interest. Kiribati signed the Convention for the Prohibition of Fishing withLong Driftnets in the South Pacific on 13 February 1990, subsequently ratifying the Convention on 10January 1992, and signed the Niue Treaty on Cooperation in Fisheries Surveillance and LawEnforcement in the South Pacific Region on 11 May 1993 and subsequently ratified the Treaty on 30October 1994. It is a signatory to the FSM Arrangement, and signed and ratified the PalauArrangement on 6 May 1993 and 9 December 1995 respectively.

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Acts and Subsidiary Legislation of KiribatiReproduced in this Compendium

Page

Marine Zones (Declaration) Act 1983 (No. 7 of 1983) KIR 1

Fisheries Act (No. 22 of 1977) (Cap.33)Unofficial consolidation 1992 KIR 6

Am. Act 9 of 1978

Am. Act 8 of 1983

Am. Act 9 of 1984

s. 2 Proclamation 31/79s.22 Prohibited Fishing Areas (Designation) Regulations LN 61/78,

LN 71/78

Fisheries Conservation and Protection(Rock Lobster - Panulirus species) Regulations LN 3/79

Fisheries (Processing and Export) Regulations 1981 LN 41/81

Fisheries (Vessel Licences) Regulations 1981 LN 40/81

Fisheries (Vessel Licences) Regulation (No. 1) 1982 LN 13/82

Fisheries (Pacific Island States’ Treaty with the USA) Act 1988 KIR 22

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Marine Zones (Declaration) Act

THE REPUBLIC OF KIRIBATI

MARINE ZONES (DECLARATION) ACT 1983

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1. Short title2. Interpretation3. Reference to rules of international law

PART II

THE MARINE ZONES

4. Internal waters5. Archipelagic waters6. Territorial seas7. The exclusive economic zone8. Legal character of marine zones, etc.9. Rights of other states in marline zones10. General regulations as to exclusive economic zone11. Charts, publicity, etc.12. Evidentiary provision

_________________________

An Act to make provision in respect of the internal waters, thearchipelagic waters, the territorial sea and the exclusive economic zone ofKiribati

Commencement: 16th May 1983

MADE by the Maneaba in Maungatabu and assented to by the Beretitenti

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PART I

PRELIMINARY

Short title 1. This Act may be cited as the Marine Zones (Declaration) Act 1983

Interpretati-on

2. (1) In this Act, unless the context otherwise requires -

"the baseline of Kiribati" means the low-water line of the seaward side of the reeffronting the coast of any part of Kiribati or bounding any lagoon waters adjacentto any part of that coast, or where a reef is not present the low-water line of thecoast itself;

"Conservation and management" includes all rules, regulations, methods and measuresthat -

(a) are required to build, restore or maintain, or are useful in rebuilding,restoring or maintaining, any fishery resource or the marine environment;or

(b) are designed to ensure that -(i) a supply of food and other products may be taken, and that

recreational benefits may be obtained, on a continuing basis; and(ii) irreversible or long-term ill-effects on fishery resource or the

environment are avoided; and(iii) there will be a multiplicity of options available with respect to future

uses of these resources;

"fishery resource" means any fishery, stock of fish, species of fish or habitat of fish;

"low-tide elevation" means a naturally-formed area of land that is surrounded by andis above water at mean low-water spring tides but is submerged at mean high-water spring tides;

"the low-water line", in relation to any area, means the line of low water at mean low-water spring tides as depicted on the largest scale nautical chart of the area heldby the Minister responsible for marine affairs;

"the median line" means a line every point of which is equidistant from the nearestpoint of -(a) the inner limits of the territorial sea of Kiribati; and(b) the corresponding baseline of any other country;

"nautical mile" means an international nautical mile of 1,852 metres.

(2) For the purposes of this Act, permanent harbour works that form an integralpart of a harbour system shall be treated as forming part of the coast.

Reference torules of inte-rnational law

3. Where in this Act it is provided that anything shall be done by the Republic ofKiribati or by the Cabinet or a Minister, or any law or order shall be made, in accordancewith the rules of international law, the question, whether it was so done or made, is non-justiciable.

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PART II

THE MARINE ZONES

Internalwaters

4. (1) For the purposes of any law of Kiribati, the internal waters of Kiribati are allwaters inland of the base-line of Kiribati, and where closing lines are drawn inaccordance with. subsection (2) the waters inland of those lines to the extent that they areoutside the base-line of Kiribati.

(2)The Minister may, in accordance With the rules of international law, declare, byreference to physical features marked on official charts or to lists of geographical co-ordinates specifying the geodetic datums, the points between which closing lines are tobe drawn for the purpose of determining the outer limits of the internal waters of Kiribati,in the case of the mouths of or entrances to lagoons.

Archipelagicwaters

5. (1) For t he p ur pos e s of a ny l a w of Ki r i ba t i , t he a r c hi pe l a gi c wa t e r s o f Ki r i ba t i c om pr i s e a l l a r e a s of s e a c ont a i ne d wi t hi n t he b a s e l i n e s e s t a bl i s h e d und e r s ub s e c t i o n ( 2) .

(2) The Minister may, in accordance with the rules of international law, declare, byreference to physical features marked on official charts or to lists of geographical co-ordinates specifying the geodetic datums, the points between which straight baselines areto be drawn for the purpose of determining the outer limits of the archipelagic waters ofKiribati and the inner limits of the territorial sea.

Territorialseas

6. (1) Subject to subsection (2), for the purposes of any law of Kiribati the territorialseas of Kiribati are those parts of the sea within 12 nautical miles from the outer limits ofthe internal waters of Kiribati.

(2) Where archipelagic baselines are drawn under Section 5(2), the breadth of theterritorial sea shall be measured from those baselines to the extent to which they areoutside the outer limits of the internal waters of Kiribati.

The exclusiveeconomic zone

7. (1) Subject to the succeeding provisions of this section, for the purposes of anylaw of Kiribati the exclusive economic zone of Kiribati comprises those parts of the seahaving as their inner limits the outer limits of the territorial sea and as their outer limitsa line drawn 200 nautical miles seaward from the outer limits of the inland waters ofKiribati.

(2) The Minister may, in accordance with the rules of international law declare,by reference to physical features marked on official charts or to lists of geographicalco-ordinates specifying the geodetic datums, points between which straight baselinesare to be drawn for determining the outer limits of the exclusive economic zone. _

(3) Where baselines are drawn in accordance with subsection (2) the breadth ofthe exclusive economic zone shall be measured from those baselines.

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(4) The Minister may, by order, for the purpose of implementing any internationalagreement or the award of any international body, or otherwise declare that the outerlimits of the exclusive economic zone of Kiribati extend to such line, being a line tothe landward of the outer limits of the exclusive economic zone as defined inaccordance with subsection (1) or subsection (3), as the case requires as is specified inthe order.

(5) Where the median line is less than 200 nautical miles from the line fromwhich the breadth of the territorial sea is to be measured, the outer limits of theexclusive economic zone extend to the median line.

(6) All areas of seabed, and the subsoil under the seabed, of the exclusiveeconomic zone shall be treated, for the purposes of any law of Kiribati, as part of thecontinental shelf of Kiribati.

Legal characterof marine zonesetc.

8. (1) The sovereignty of the Republic of Kiribati extends beyond its land territoryand internal waters over the territorial sea, and to the airspace over them and theseabed and subsoil under them

(2) Within the exclusive economic zone the Republic of Kiribati has sovereignrights for the purpose of exploring and exploiting, conserving and managing thenatural resources, whether living or non-living, of the seabed and the subsoil under theseabed, and the waters over the seabed.

(3) The sovereignty and sovereign rights of the Republic of Kiribati under thissection shall be exercised in accordance with the rules of international law.

Rights of otherStates in marinezones

9. (1) Subject to the succeeding provisions of this section, ships and aircraft of allStates have, in accordance with the rules of international law, the right of free passagethrough and over the territorial seas and archipelagic waters of Kiribati.

(2) The Minister may, in accordance with the rules of international law, by orderdesignate sealanes and air routes suitable for the continuous and expeditious passageof foreign ships and aircraft, through and over the archipelagic waters and the adjacentterritorial seas, and may also prescribe traffic separation schemes for the purpose ofensuring the safe passage of ships through narrow channels in such sealanes.

(3) In sealanes and air routes designated under subsection (2) all ships and aircraftmay, in accordance with the rules of international law, enjoy the right of navigationand overflight, in their normal modes, for the purpose of continuous, expeditious andunobstructed transit through and over the archipelagic waters and the adjacentterritorial seas, from one part of the exclusive economic zone to another part of it.

(4) Until sealanes and air routes are prescribed under section (2) the rights ofnavigation and overflight referred to in subsection (3) may be exercised through andover all routes normally used for international navigation and overflight.

(5) The rights of navigation and overflight referred to in subsections (3) and (4)

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Marine Zones (Declaration) Act 5

are subject to all laws of Kiribati made in accordance with the rules of internationallaw.

(6) Subject to this and any other Act and to the rules of international law, allStates and their nationals shall enjoy in the exclusive economic zone the high seasfreedoms of navigation and overflight and of the laying of submarine cables andpipelines, and all other internationally lawful uses of the sea related to those freedoms,compatible with the rules of international law.

Generalregulations asto the exclusiveeconomic zone

10. Where no other provision is made in or under any other Act for the purpose,the Minister may make regulations, in accordance with the rules of international law,for all or any of the following purposes:-

(a) regulating the conduct of scientific research within the exclusiveeconomic zone; and

(b) regulating the exploration and exploitation of the exclusive economiczone for the production of energy from waters, currents and winds, andfor other economic purposes; and

(c) regulating the construction, operation and use of artificial islands,installations and structures within the exclusive economic zone,including requirements of the establishment of safety zones aroundislands, installations and structures; and

(d prescribing measures for the protection and preservation of the marineenvironment of the exclusive economic zone; and

(e) providing for such other matters as are necessary or expedient to giveeffect to the rights and obligations of the Republic of Kiribati in relationto the exclusive economic zone, or are necessary to give full effect tothe provisions of this Act.

Charts publicity,etc.

11. (1) The Minister shall cause all closing lines, baselines and other lines drawn forthe purposes of this Act for determining the limits of the internal waters, thearchipelagic waters, the territorial seas and the exclusive economic zone of Kiribati tobe clearly indicated on charts of a scale or scales adequate for them to be readilydetermined, and shall give adequate publicity by notice in the Gazette and otherwise.

(2) A question, whether publicity given to any matter under subsection (2) isadequate, is non-justiciable.

(3) A copy of each chart referred to in subsection (1) shall be deposited with theSecretary-General of the United Nations and the Secretary-General of the SouthPacific Commission.

Evidentiaryprovision

12. In any proceedings before a court or a person acting judicially, a certificatepurporting to be signed by the Marine Superintendent stating that any specific nauticalchart of any area is a chart to which Section 11 applies that is held by the Minister isevidence of the matters stated in the certificate, and the chart is evidence of thematters set out in it.

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1992 Ed. Fisheries CAP. 33

CHAPTER 33

FISHERIES


PART I

GENERAL

1. Short title2. Interpretation3. Promotion of fisheries

PART II

LICENSING

4. Licensing of local fishing vessels5. Entry and fishing by foreign fishing vessels within the fishery limits6. Fish processing establishment7. Cancellation and suspension of licences and permits

PART III

POWERS OF AUTHORISED OFFICERS

8. Power to stop, board, search vessels, etc.9. Powers of an authorised officer where he reasonably believes an offence committed10. Obstruction etc. of authorised officers11. Authorised officers to declare office etc.12. Non-liability of authorised officers

PART IV

ADDITIONAL OFFENCES AND LEGAL PROCEEDINGS

13. Throwing overboard or destroying incriminating evidence14. Fishing with explosives, poison and other noxious substances15. Forfeiture of gear, fish and vessels16. Presumption

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CAP. 33 Fisheries 1992 Ed.

17. Jurisdiction of the courts18. Disposal seized goods

PART V

MISCELLANEOUS

19. Fishing for scientific purposes20. Power of the Minister to enter into agreements21. Protection of native customary rights22. Regulations

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22 of 19779 of 19788 of 19839 of 1984

An Act to make provision for the promotion and regulation of fishing and fishingindustries in Kiribati and its fishery limits

L.N. 27/78 Commencement: 3rd March 1978

PART 1

GENERALShort Title 1. This Act may be cited as the Fisheries Act.

Interpretation 2. In this Act, unless the context otherwise requires -

"authorised officer" means any fisheries officer, licensing officer, police officer orofficer as defined in the Customs Act, the master of any Government vessel or vesselowned by the Kiribati Shipping Corporation and any other person appointed by theMinister to be an authorised officer for the purposes of this Act;

"explosive" means any powder, gelignite, plastic or other substance used ormanufactured with a view to producing a practical effect by explosion;

Am. 9 of 1984 "fish" means any aquatic animal, whether piscine or not, and includes any mollusc,crustacean, coral, sponge, seaweed, holothurian (beche de mer), sea urchins, andturtles and their young and eggs;

Am. 9 of 1984 "fishing" means the actual or attempted fishing, catching, taking, killing, or harvestingof fish and includes any activity which may reasonably be expected to result in thefishing or attempted fishing or catching, taking, killing or harvesting of fish, or anyoperations in support of or in preparation for any of the foregoing activity;

Am. 9 of 1984 "fish processing establishment" means any land, vessel, or other place on or in which

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fish are processed for sale within or outside Kiribati;

"fish product" means any product of fish processing;

Am. 8 of 1983 "fishery limits" means the exclusive economic zone of Kiribati or such part of thatzone as is defined by the Minister for the purpose by Notice published in the Gazette;

Am. 9 of 1984 "fishing vessel" means any vessel used or adapted for use for fishing commercially,and includes support vessels and craft, and helicopters and light aircraft used in fishingoperations, but does not include a sailing boat or paddling canoe of native design or aboat, punt or barge having an overall length of less than 7 metres, whether powered byan engine or not;

"foreign fishing vessel" means any fishing vessel that is not a local fishing vessel;

"licensing officer" means a licensing officer appointed under section 3(2) and includesthe Chief Fisheries Officer;

"local fishing vessel" means any fishing vessel -(a) owned by one or more persons resident and domiciled in Kiribati; or(b) owned by any company or fisheries cooperative society registered or

incorporated under the laws of Kiribati, and having its principal place ofbusiness in Kiribati;

"low-tide" elevation" means a naturally formed area of land that is surrounded by andabove water at mean low-water spring tides but is submerged at mean high-waterspring tides;

"nautical mile" means the international nautical mile of 1,852 metres;

"operate" in relation to a vessel means to be the master or the owner or charterer of thevessel and in relation to a fish processing establishment means to own or be in chargeof the fish processing establishment and, where the fish processing establishment is avessel, means to be the master or owner or charterer thereof;

"processing" in relation to fish, includes preserving or preparing fish or producing anysubstance or article from fish by any method;

Am. 9 of 1984 "territorial sea" means that part of the sea adjacent to the coast of any island of Kiribatiwhich is within 12 nautical miles measured from the low water mark of the seawardside of the reef fronting such coast, or, when a reef is not present, from the low watermark of the coast itself:

Provided that a low-tide elevation that lies wholly or partly within that part of the seathat would be territorial sea if all low-tide elevations were disregarded for the purposeof the measurement of the breadth of the territorial sea shall be treated as an island.

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Promotion offisheries

3. (1) The Minister may take such measures as he shall see fit to promote thedevelopment of fishing and fisheries in Kiribati to ensure that the fisheries resources ofKiribati are exploited to the full for the benefit of Kiribati.

(2) The Minister may appoint a Chief Fisheries Officer and such other fisheriesofficers and licensing officers as he may consider necessary for carrying out thepurposes and provision of this Act.

PART II

LICENSING

Licensing oflocal fishingvessels

4. (1) Subject to any discretion given by the Minister a licensing officer may, uponwritten application in the prescribed form and upon payment of the prescribed fee granta licence in the prescribed form in respect of any local fishing vessel;

Provided that no licence shall be granted to any local fishing vessel which is a vesselto which section 15(l) of the Shipping Act applies unless there is subsisting a validunexpired certificate of seaworthiness issued in respect of the fishing vessel undersection 13 of that Act.

(2) Every licence granted under subsection (1) -(a) shall not, except with the prior written approval of the Minister endorsed on

the licence, extend beyond 1 year from the date of issue thereof;(b) shall be personal to the holder;(c) shall not be transferable;(d) shall be subject to such conditions as may be prescribed and to such further

conditions as the licensing officer shall think fit to endorse thereon; and(e) shall not, without the prior written approval of the Minister endorsed on the

licence, confer on the licensee any exclusive right to fish.

(3) It shall be a condition .of every licence panted under subsection (1) that thereshall be marked and kept marked on the vessel in respect of which the licence isgranted such letters and numbers of identification as may be assigned to that vessel bythe licensing officer, in such manner as he may specify or as may be prescribed.

Am. 9 of 1978 (4) Any person who operates or causes or allows to be operated any local fishingvessel within the fishery limits or in the lagoon or inland waters of Kiribati exceptunder a valid licence granted under this section in respect of that vessel and inaccordance with the conditions of such licence shall be liable on conviction to a fine of$1,000 and to imprisonment for 3 years.

Entry and fishingby foreign vesselswithin the fisherylimits

5. (1) No foreign fishing vessel shall –(a) enter within the fishery limits except for a purpose recognised by internationallaw;(b) fish or attempt to fish within the fishery limits;(c) load, unload or transship any fish within the fishery limits;(d) load or unload any fuel or supplies within the fishery limits; unless authorised to

do so under a permit granted under this Act.

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1992 Ed. Fisheries CAP. 33(2) A foreign fishing vessel entering the fishery limits for a purpose recognisedby international law without a permit granted under this Act shall return outside thoselimits as soon as that purpose for which it entered them has been fulfilled.

(3) The Chief Fisheries Officer may, with the approval of the Minister, grant apermit in the prescribed form in respect of any foreign fishing vessel, authorising suchvessel to do such of the things described in subsection (1) as may be provided for inthe permit.

ss. 3A - 3D inserted Am. 9 of 1978. Deleted Am. 9 of 1984

(4) A permit granted by the Chief Fisheries Officer under this section shall besubject to -

(a) such conditions as may be prescribed, and to such further conditions as maybe endorsed upon the permit by -the Chief Fisheries Officer, and

(b) to the payment of such fees and royalties as may be determined by the ChiefFisheries Officer with the approval of the Minister.

(5) A permit granted by the Chief Fisheries Officer under this section shall notconfer any exclusive right to fish unless the permit expressly so provides.

Am 9 of 1984 (6) The fishing gear of any foreign fishing vessel which is prohibited by thissection from fishing within the fishery limits shall, while the vessel is within thoselimits, be stowed in such a manner as not to be readily accessible for fishing.

Am. 9 of 1984 (7) Where any foreign fishing vessel is used in contravention of any of theprovisions of this section, the master, owner and charterer, if any, of such vessel shalleach be liable on conviction -

(a) in the case of a contravention of subsection (l), to a fine of $250,000; and(b) in the case of a contravention of subsection (2) or subsection (6), to a fine of

$50,000.

Am. 9 of 1984 (8) Where any foreign fishing vessel is used in contravention of any of theconditions of a permit granted under this section, the master, owner and charterer, ifany, of such’ vessel shall each be liable on conviction to a fine of $50,000.

Fish processingestablishment

6. (1) The Chief Fisheries Officer may with the approval of the Minister and onpayment of the prescribed fee grant to any person a licence in the prescribedform to operate a fish processing establishment subject to such conditions asmay from time to time be prescribed and to such further conditions as may beendorsed upon the licence by the Chief Fisheries Officer.

(2) Any person who operates or causes or allows to be operated any fishprocessing establishment except under a valid licence granted under thissection in respect of that fish processing establishment and in accordance withthe conditions of such licence shall be liable on conviction to a fine of $200and to imprisonment for 6 months.

Cancellation andsuspension of

7. (1) Where any of the conditions of any licence or permit is contravened the ChiefFisheries Officer may cancel or permit, or suspend licence or permit for such period

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licences andpermits

as he may think fit.

(2) Any person aggrieved by the refusal of any licensing officer to issue anylicense grand under this Act, or by the cancellation or suspension of any licence orpermit granted under this Act may appeal against such refusal, cancellation orsuspension to the Minister, whose decision shall be final.

PART III

POWERS OF AUTHORISED OFFICERS

Power to stopboard searchvessels, etc

8. For purposes of ascertaining whether there is, or has been, any contravention of theprovisions of this Act any authorised officer may-(a) at all reasonable hours enter any fish processing establishment and any premises

other than premises used exclusively as a dwelling house;(b stop, board search -

(i) any foreign or local fishing vessel within the fishery limits; or(ii) any local fishing vessel, outside the fishery limits

(c) stop and search any vessel transporting, or reasonably suspected of transporting,fish or fish products;

(d) make such examination and inquiry as may appear necessary to him concerningany premises, fish processing establishment, vessel or vehicle in relation towhich any of the powers conferred by this section have been, or may be,exercised and take samples of any fish, or fish products, found therein;

(e) require any person to produce his licence or his authority if it appears to theauthorised officer that such person is doing any act for which a licence orauthority is required under this Act.

Powers of anauthorised officerwhere he reason-ably believes anoffencecommitted

9. (1) Where he has reasonable grounds for believing that an offence against theprovisions of this Act has been committed, any authorised officer, without a warrant,may-

(a) following hot pursuit as recognised by international law and commencedwithin they fishery limits, stop, board and search outside the fishery limits anyforeign fishing vessel which he believes has been used in the commission of anoffence within the fishery limits, or in relation to which he believes suchoffence has been committed, and bring such vessel and all persons and thingson board it within the fishery limits;

(b) within the fishery limits -(i) arrest any person whom he believes has committed such offence and, if

the authorised officer making such arrest is not a police officer, heshall without necessary delay make over such person to a policeofficer, or in the absence of a police officer, shall take such person tothe nearest police station;

Am. 9 of 19 (ii ) in the case of an offence against sections 5(1), 13 or 14(1), size anyvessel (together its equipment, stores and cargo bunker) which hebelieves has been used in the commission of such offence or in respectof which he believes such offence has been committed;

(iii ) seize any fishing gear, instruments or appliances which he believes have

KIR 12


been used in the commission of such offence;(iv) seize any fish which he believes have been taken or fish products

produced in the commission of such offence; or(v) seize any explosive, poison or other noxious substance which he

believes has been used, carried, possessed or controlled in contraventionof section 14.

(2) After any vessel has been stopped under the provision of this section anyauthorised officer may exercise concerning it, or in relation to any fish or fish productstherein, any of the powers conferred by paragraph (d) or section 8.

(3) A written receipt shall be given for any thing seized under subsection (1) bythe authorised officer concerned to the person from whom he seizure is made.

Obstruction etc.of authorisedofficers

10. Any person who -(a) willfully obstructs any authorised officer in the exercise of any of his powers

under this Act; or(b) fails to comply with any lawful requirements imposed or to answer any lawful

enquiry made by any authorised officer under this Act, including enquiries asto the source of supply of fish;

shall be liable on conviction to a fine of $200 and to imprisonment for 6 months, andis the obstruction or non-compliance takes place on board or alongside a vessel, themaster of the vessel shall be liable on conviction to a like penalty.

Authorisedofficers todeclare office

11. Any authorised officer acting in the exercise of his powers under this Act shall, ondemand, produce such documents of identification or other evidence as may bereasonably sufficient to show that is an authorised officer for the purpose of this Act.

Non-liability ofauthorisedofficers

12. No authorised officer shall be personally liable in respect of any act done oromitted to be done by him in good faith in the execution or purported execution of hispowers and duties under this Act.

PART IV

ADDITIONAL OFFENCES AND LEGAL PROCEEDINGS

Throwing over-board or destro-ying incrimin-ating evidence

13. Any person who, being on board any vessel being pursued or about to be boardedby any authorised officer, throws overboard or destroys any fish, fishing gear,explosive, poison, noxious substance or any other thing whatsoever, with intent toavoid the seizure of such fish, fishing gear, explosive, poison, noxious substance orthing, or the detection of any offence against this Act, shall be liable on conviction

Am. 9 of 1984 to a fine of $1,000 and to imprisonment for 5 years

Fishing withexplosives,poison andother noxioussubstances

14. (l) Any person who -(a) permits to be used, uses or attempts to use any explosive, or any poison or other

noxious substance, for the purpose of killing, stunning, disabling or catching fish,or in any way rendering fish more easily caught; or

(b) carries or has in his possession or control any explosive, poison or other noxioussuch an explosive, poison or other noxious substance is intended to be used forany of the aforesaid purposes shall be liable on conviction to a fine of $200 andto imprisonment for 6 months.

KIR 13


(2) Any person who, knowing or having reasonable cause to believe that any fishhas been taken in contravention of the provisions of this section, without lawfulexcuse, receives or is found in possession of such fish shall be liable on conviction(a) where the circumstances of such receipt or possession raise a reasonable

presumption that the fish is intended to be sold in the course of business to afine of $200 and to imprisonment for 6 months; or

(b) where no such presumption arises, to a fine of $50 and to imprisonment for 2months.

Forfeiture ofgear, fishand vessel

15. Where any person is convicted of an offence against this Act, the court, may inaddition to any other penalty it may impose, order that any fish caught or fish productproduced in the commission of such offence or the proceeds of sale of such fish product,and any fishing gear, instruments or appliances and, in the case of an offence undersection 5(l); section 13 or section 14(l) any vessel (together with its equipment, storesand cargo) used in the commission of such offence or in respect of which such offencehas been committed, shall be forfeited to the Government, and if so forfeited suchproperty shall be disposed of in such manner as the Minister of Finance may direct.

Presumption 16. All fish found on board any vessel used in the commission of an offence against theprovisions of this Act or in respect of which any such offence has been committed, shall,unless the contrary is proved, be presumed to have been caught in the commission ofsuch offence.

Jurisdictionof the courts

17. Any offence against any of the provisions of this Act committed within the fisherylimits may be dealt with, and judicial proceedings taken, as if the offence had beencommitted in any place in Kiribati.

Disposal ofseized goods

18. (l) Any fish, fish product or other article of a perishable nature seized or taken underthe provisions of this Act may on the direction of the Chief Fisheries Officer be sold andthe net proceeds of sale held pending the outcome of any prosecution brought under thisAct, and if no such prosecution is brought such proceeds shall be paid to the owner of thefish, fish product or other article sold.

(2) Any vessel, fishing gear, instrument or appliance seized under section 9 whichis not ordered to be forfeited under section 15 shall be returned to its owner.

(3) Where any vessel, fishing gear, instrument or appliance, fish or fish producthas been seized under section 9 the court may order its release, on receipt of asatisfactory bond or other security from any person claiming such property,conditioned on such person -

(a) delivering such property to the court upon tie order of the court, without anyimpairment of its value, and paying in full any fine imposed by the court inpursuance of this Act; or

(b) paying the monetary value of such property in accordance with an order orjudgment of the court together with any fine imposed

KIR 14


PART V

MISCELLANEOUS

Fishing forscientificpurposes

19. The Minister may, in writing, authorise any fishing vessel to fish within thefishery limits for the purpose of scientific investigations, and may for this purposeexempt such fishing vessel from all or any of the provisions of this Act and, in makingsuch exemption, may impose such conditions as he may think fit.

Power of theMinister toenter intoagreements

20. (l) The Minister may enter into an agreement with any person or anygovernment or international agency for the purpose of enabling the Minister to performany of the functions conferred by or under this Act, or for the purpose of facilitating theperformance of those functions, or generally to advance the purposes for which this Actwas enacted.

Am 9 of 1984 (1A) For the purposes of giving effect to any agreement or arrangement undersubsection.(l) the Minister may by order authorise:

(a) any(i) person; or(ii) government; or(iii) agency of government; or(iv) international agency,to issue fishing permits under section 5 subject to such conditions as he mayspecify in the order;

(b) the doing of any other matter which may be required to be done under suchagreement or arrangement.

Am. 9 of 1978 (2) The Minister may from time to time by order limit any provision of this Actrelating to the fishery limits so far as is necessary to do so to give full effect to anyconvention including any convention that is adopted by the Third United NationsConvention on the Law of the Sea and to any international agreement or arrangementby which the Government may become bound concerning fishing off the coast ofKiribati.

Protection ofnativecustomaryrights

21.(l) No person shall take fish in any sea or lagoon area or on any reef forming partof the ancient customary fishing ground of any kainga, utu or other division orsubdivision of the people unless he shall be a member thereof or shall first haveobtained a licence to do so at the hand of the Minister who may grant or refuse any suchlicence at his discretion.

(2) A person who contravenes subsection (1) shall be liable on conviction to afine of $200 and to imprisonment for 6 months.

Regulations 22. The Beretitenti may make such regulations as may seem to him expedient forthe carrying into effect of any of the purposes or provisions of this Act, and, withoutprejudice to the generality of the foregoing, such regulations may prescribe or providefor all or any of the following purposes -

KIR 15


(a) the training of fishermen;(b) regulating the procedure relating to the issue of licences and permits and

prescribing the forms thereof and forms of application therefor;(c) conditions and procedure to be observed by foreign fishing vessels while within

the fishery limits;(d) conservation and protection of all species of fish;(e) the establishment of closed seasons for any area of Kiribati or any species of fish

therein specified;(f) the placing of a limit on the amount, size or weight of fish or any species of fish,

which may be caught or traded;(g) the designation of prohibited fishing areas for all fish or certain species of fish or

certain methods of fishing;(h) the prohibition of certain types of fishing gear or methods of fishing;(i) in relation to fish nets, minimum mesh sizes;(j) the organisation of sport fishing;(k) the licensing of fish farms and the regulation or importation of live fish;

Am. 9 of 1978 (ka) regulating the importation of fish or fish products;(l) the organisation and regulation of marketing, distribution and export from Kiribati

of fish or fish products;(m) controlling the handling, landing and transportation of fish or fish products;(n) methods of procedures to be adopted in relation to fish storage and processing;(o) substances and materials to be used in fish processing;(p) the inspection of fish processing establishments and fish products;(q) minimum standards in relation to the quality of fish or fish products;(r) methods of analysis of fish or fish products;(s) the grant of exemption to any vessel or class of vessel or fish processing

establishment from all or any of the provisions of this Act;(t) the prohibition of any practices or methods, or employment of equipment or

apparatus or materials, which are likely to be injurious to the maintenance thedevelopment of a stock of fish;

Am. 9 of 1978 (ta) the implementation of any agreement or arrangement entered into under section20;

(tb) regulating the taking of coral and seaweed;(u) anything required to be prescribed by this Act;(v) the provision of penalties for contraventions thereof of terms of imprisonment for

6 months and fines of $1,000.

KIR 16

1992 Ed. Fisheries CAP. 33Subsidiary Legislation

SUBSIDIARY LEGISLATION

Proclamation of fishery limits under section 2

L.N. 31/79 The following limits have been defined and declared by a proclamation dated 18 April1979.

1. As from the 19th April Lg.979 the fishery limits of Kiribati shallextend 200 nautical miles from the baseline of Kiribati.

2. Notwithstanding paragraph 1, where any part of the median line isless than 200miles from the nearest part of the baseline referred to in paragraph 1, thatpart of the median line shall be the fisheries limit Kiribati.

3. The Republic will exercise the same exclusive rights in respect offishery within the said fishery limits outside the territorial waters of Kiribati as it hasin respect of fishery in the territorial waters of Kiribati subject to such provisions asmay be made by law for the control and regulation of fishing within the said limits.

4. In this Proclamation -“baseline of Kiribati” means the low water mark of the seaward side of the reef

fronting the coast of any part of Kiribati or bounding any lagoon watersadjacent to such coasts or, where a reef is not present the law water mark ofthe coast itself of any part of Kiribati;

“median line” means a line every point of which is equidistant from the nearest pointsof, on the one hand, the baseline of Kiribati and, on the other hand, thecorresponding baseline of any other country;

“mile” means the international nautical mile.

Regulations under section 22

L.N. 61/78 PROHIBITED FISHING AREAS (DESIGNATION) REGULATIONSL.N. 77/78 Commencement: 31st July 1978

Citation 1. These regulations may be cited as the Prohibited Fishing Areas (Designation)Regulations.

Prohibition offishing

2. Fishing is prohibited in the areas specified in the Schedule to theseRegulations (referred to as “prohibited fishing areas”).

Penalty 3. Any person who fishes in a prohibited fishing area commits an offence andshall be liable to imprisonment for 6 months and to a fine of $1,000.

__________________

SCHEDULE

Azur LagoonPelican LagoonIsles LagoonThe Tongan Channel and the adjoining Artemia Ponds.

KIR 17

CAP. 33 Fisheries 1993 Ed.Subsidiary Legislation

L.N. 3/79 FISHERIES CONSERVATION AND PROTECTION(ROCK LOBSTERS - PANULIRUS SPECIES) REGULATIONS

Commencement: 11th June 1979

Citation 1. These Regulations may be cited as the Fisheries Conservation and Protection(Rock Lobsters - Panulirus Species) Regulations.

Interpretation 2. In these Regulations -(a) “rock lobster” (sometimes known as crayfish) means the species of crustacean

known by the scientific name of Panulirus; and(b) a rock lobster shall be deemed to be immature if the length of its carapace is

less than 85 millimetres measured from its eyes; and(c) “carapace” means the inflexible shell covering the forepart of a rock lobster.

Protection ofcertain rocklobsters

3. Any person who catches, takes, kills, has in his possession, sells, exposes forsale, buys for sale or consigns to any person for the purpose of sale -

(a) any immature rock lobster;(b) any female rock lobster bearing its eggs,

shall be guilty of an offence and liable to a fine of $100 or imprisonment for 3 months.

L.N. 41/81 FISHERIES (PROCESSING AND EXPORT) REGULATIONS

In exercise of the powers conferred by section 22 of the Fisheries Ordinance, theBeretitenti acting in accordance with the advice of the Cabinet hereby makes thefollowing Regulations:-

PART I

PRELIMINARY

Short title 1. These Regulations may be cited as the Fisheries (Processing and Export)Regulations, 1981.

Interpretation 2. In these Regulations -

“the Act” means the Fisheries Act;

“class” means any one of the classes of fish-processing establishment set out in Schedule 2to these Regulations.

PART II

FORMS AND FEES

Forms and fees 3. The licence set out in Schedule 1 to these Regulations shall be the licenceprescribed for the purposes of section 6 of the Act and the fees set out in Schedule 2 tothese Regulations shall be the fees prescribed for the purposes of section 6 of the Act.

KIR 18

1992 Ed. Fisheries CAP. 33Subsidiary Legislation

PART III

FISH-PROCESSING ESTABLISHMENTSApplicationfor licence

4. An application for a licence under section 6(1) of the Act shall be in writing andshall specify the class and the premises in respect of which a licence is required andshall contain such further particulars as the Chief Fisheries Officer may require.

Condition oflicence

5. Every licence granted under section 6(1) of the Ordinance:-

(1) shall not extend beyond 1 year from the date of issue thereof; and(2) shall be personal to the holder; and(3) shall not be transferable; and(4) shall be subject to such conditions as may be prescribed and to such other

conditions as the Chief fisheries Officer may in his absolute discretionendorse thereon; and

(5) shall be conspicuously displayed on the premises in respect of which it wasgranted; and

(6) shall extend only to those operations or activities set out in Schedule 2 tothese Regulations in relation to the class in respect of which the licence wasgranted; and

(7) shall be conditional upon compliance with the Pure Foods Act, the PublicHealth Act and any other applicable statutory provision.

Cancellationor suspension

6. In the event of cancellation or suspension of a licence under section 7 of the Acta licensing officer may seize any such licence or endorse any such licence to that effect.

Endorsements 7. A licensing officer who has entered a fish processing establishment inpursuance of section 8 of the Act or of any condition endorsed upon a licence grantedunder section 6(1) of the Act may if he is satisfied that there has been no contraventionof any provision of the Act or of any such condition endorse such licence to that effect

Water source 8. All water used in a fish processing establishment whether used for ice-making,fish-cleaning or otherwise shall be a potable quality and shall contain no more than 3000coliforms in each 100 millilitres and shall be treated in such manner as a licensingofficer may from time to time direct.

Operatingrequirements

9. (1) Fish processing establishments shall conform to the requirements setout in Schedule 4 of these Regulations.

(2) Sub-paragraph (1) shall not apply to a fish processing establishment in respectof which the Chief Fisheries Officer has granted an exemption in writing.

PART IV

EXPORTCertificatesof quality

10. No fish or fish product processed at a fish-processing establishment may beexported for sale outside Kiribati unless it is accompanied by a duly completed certificateof quality in the appropriate form set out in Schedule 3 to these Regulations.

Prohibitedfish

11. No fish or fish product in respect of which a licensing officer has issued a noticeof prohibition in the form set in Schedule 3 to these Regulations may be processed in afish-processing establishment for sale in or outside Kiribati as the notice may specify.

Samples 12. On payment or tender to any person operating a fish processing establishment or

KIR 19


his servant or agent of the current market price or at a rate of payment which may beprescribed a licensing officer may select and take or obtain samples of a fish or fishproduct for the purposes of the Act or these Regulations.

Destruction ofunfit fish

13. A licensing officer may seize and destroy any fish or fish product intended forsale for human or other consumption if he is satisfied on reasonable grounds that suchfish or fish product is unfit for its intended purpose and an owner of such seized anddestroyed fish or fish product shall be entitled to compensation at the current marketprice of such fish or fish product (only if he can show that there were no suchreasonable grounds).

PART V

SAMPLES AND OFFENCESOffences 14. Any person who contravenes or operates or causes or allows to be operated a

fish-processing establishment in contravention of Regulation 8 or Regulation 9 or whocontravenes Regulation 10 or Regulation 11 shall be liable on conviction to a fine of$200 and to imprisonment for 6 months.

SCHEDULE 1

Fish Processing Establishment Licence(Omitted)

SCHEDULE 2

Class Operation or Activities which may be carried Fee payable on by the establishment for licence

A Processing by canning, pickling, marinating, fermenting, $50cooking, or smoking if it is intended that the smoked fishproduct should be eaten uncooked.

B Chilling, freezing or other storage of raw fish which is $40intended for human consumption

C Salting, drying, smoking if it is intended that the smoked $25fish product should be cooked before human consumption.

D Processing if the resulting fish products are not intended $10for human consumption.

E Processing for the manufacture of animal foodstuffs $10

F The operations and activities listed in relation to Class C if $10all the resulting fish products intended for sale outside Kiribatiare delivered to a fish processing establishment in respect ofwhich a Class C licence has been granted.

KIR 20

1992 Ed. Fisheries Cap. 33Subsidiary Legislation

In the event that the operations and activities carried on by a fish processing establishment arelisted is more than one class the Chief Fisheries Officer shall decide which class shall apply tothe licence granted and the conditions attached to the licence shall apply to the whole of thepremises of the fish processing establishment

SCHEDULE 3

Forms

SCHEDULE 4

Regulation 9

Requirements for Fish Processing Establishment

In all Class A and Class B Fish Processing Establishments

1. In any part of the premises where fish is gutted, filleted or otherwise handled all surfacesand walls shall be constructed of materials which may be cleaned easily and effectively.

2. Adequate fly-screening and/or closing doors shall he provided in any processing area.

3. All internal walls and floors and any surface which fish is processed shall be kept clean witha disinfectant of not less than 50 ppm chlorine or with or by any other material or methodwhich may be approved by a licensing officer.

4. Cold stores in which fish are kept shall be maintained at temperatures approved by alicensing officer and -

(a) chill rooms shall be at an operating temperature of not more than 3° centigrade;and

(b) freezer stores shall be at an operating temperature of not more than minus 18"centigrade.

5. All fish products shall satisfy a licensing officer on visual bacteriologic or chemicalexamination of their fitness for human.

6. Any person handling fish or fish product shall wear protective clothing of a type approvedby a licensing officer.

7. Wash basins and any other sanitary equipment which a licensing officer may considernecessary shall be provided.

In all Class C fish processing establishments.

Fish and fish products shall be protected from attack by flies, rats and other vermin and shallbe stored in such manner as a licensing officer may from time to time prescribe.

_____________________

KIR 21


L.N. 40/81 FISHERIES (VESSEL LICENCES) REGULATIONS 1981

Commencement: 11th December 1981

PART

PRELIMINARY

Short Title 1. These Regulations may be cited as the Fisheries (Vessel Licences) Regulations1981.

2. In these Regulations “the Act” means the Fisheries Act.

PART II

FORMS AND FEES

Prescribedforms and fees

The form and licence set out in schedule 1 to these Regulations shall be the form andlicence for the purposes of section 4 of the Act and the fees set in Schedule 2 to theseRegulations shall be the fees prescribed for the purposes of section 4 of the Act,provided that the Chief Fisheries Office may exempt any class of local fishing vesselfrom the payment of all or any part of such fees in accordance with any directions whichmay be given by the Minister under section 4(1) of the Act.

____________________

SCHEDULE 1

Am. L.N. 13/82 Application for a local Fishing Vessel licence [omitted]

Local Fishing Vessel Licence [omitted]

SCHEDULE 2

Vessels of 40 metres and over L.O.A. at the rate of $1 per ton of displacement weightto the nearest ton per annum

Vessels of 20 metres and over and under 40 metres L.O.A. $100 per annum

Vessel of under 20 metres L.O.A. $ 50 per annum

KIR 22

Fisheries (Pacific Island State’s TreatyWith the United States) Act 1988

REPUBLIC OF KIRIBATI

FISHERIES (PACIFIC ISLAND STATES’ TREATY WITH THEUNITED STATES OF AMERICA) ACT 1988


1. Short title2. Interpretation3. Treaty to have the force of law4. Savings5. Power of Minister to make orders6. Offences and penalties, etc.

_______________

An Act to give effect to the Treaty on Fisheries Between the Governments of CertainPacific Island States and the Government of the United States of America and forconnected purposes

Commencement:

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti

Short title This Act may be cited as the Fisheries (Pacific Island States’ Treaty with the UnitedStates of America) Act 1988 and shall come into force on such date as the Minister mayappoint by notice.

Interpretation 2. (1) In this Act, unless the context otherwise requires -

"applicable national law" has the meaning assigned to it in the Treaty;

"Pacific Island State" has the meaning assigned to it in the Treaty;

"Treaty" means the treaty between the Governments of Certain Pacific Island States andthe Government of the United States of America, to which Kiribati is a party, a copyof which is set out in the Schedule to this Act.

KIR 23

Fisheries (Pacific Island State’s Treatywith the United State’) Act 1988

Treaty to have 3. (1) Subject to the Constitution and the provisions of this Act the Treaty shall have theforce of law in Kiribati.the force of law

(2) If there is any inconsistency between the provisions of any applicable national law inforce in Kiribati and the provisions of the Treaty, the provisions of the Treaty shall, to theextent of such inconsistency, prevail.

Savings 4. This Act shall not affect any legal proceedings begun or any rights or liabilitiesaccruing or arising out of an occurrence before the date of commencement of this Act.

Power of Minister 5. Without prejudice to the powers of the Minister under any other law the Ministermay, b y o r d e r , m a k e s u c h p r o v i s i o n s n o t i n c o n s i s t e n t w i t h t h e Co n s t i t u t i o n o r t h i s A c t o r t h e to make orders as be may consider necessary or expedient for giving full effect to the provisions of the Treaty.

Offences and 6. (1) Where a fishing vessel to which the Treaty applies is used in contravention of thepenalties Treaty or any applicable national law the master, owner and charterer, if any, of suchvessel

shall (without prejudice to any other penalty prescribed by or contained in suchapplicable national law) each be guilty of an offence and be liable on conviction to a finenot exceeding $250,000.

(2) The master, owner, charterer or any member of the crew of a fishing vessel towhich the Treaty applies shall not be liable to imprisonment or corporal punishment onconviction for an offence under the Treaty or any applicable national law.

(3) Where the master, owner, charterer or any member of the crew of a fishing vessel towhich the Treaty applies is in pre-trial custody in respect of an offence which amounts toa breach of the Treaty or any applicable national law, he shall be promptly released if heenters into a bond for a reasonable amount or furnishes a reasonable security to appearbefore the appropriate court for trial.

SCHEDULE

[omitted]

Documents

KIRIBATI - coastfish.spc.intcoastfish.spc.int/Countries/Kiribati/kiribati.leg.ffa.pdf · KIRIBATI Kiribati consists of 32 coral atolls in three main groups and one isolated phosphate